In City of Weyauwega v. Wisconsin Central Ltd.(2017AP2298), the Court of Appeals District IV held that the Federal Railroad Safety Act (FRSA) pre-empts a city ordinance prohibiting trains from obstructing cross-streets for more than 10 minutes. Wisconsin Central had received several citations for blocking roads and argued that FRSA regulations pre-empt the City of Weyauwega’s ordinance.

The FRSA includes two saving clauses exempting states’ (in this case the city’s) regulations from pre-emption (49 U.S.C. § 20106(a)(2)). First, the city may enforce a regulation so long as federal regulations do not cover the same subject matter. Here, the court determined that the subject of the city’s ordinance was the operation and movement of trains. Federal regulations on speed, crossing, and brake testing mean Wisconsin Central could violate federal regulations if it complies with the city’s ordinance. Therefore, the federal regulations do cover the same subject matter, and the first saving clause does not apply.

The second saving clause states that the city may enforce a regulation that is necessary to reduce a local safety hazard. The city argued that blocking cross streets increases emergency services response times, creating a local safety hazard. However, the court determined that increased emergency response times are not an issue unique to Weyauwega, so the second saving clause does not apply.

Because the city’s ordinance failed to pass either saving clause, the FRSA pre-empts, and trains may block Weyauwega streets for more than 10 minutes.